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The Social Security and Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2003

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Citation and commencement

1.  These Regulations may be cited as the Social Security and Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2003 and shall come into operation as follows –

(a)this regulation and regulations 2 to 3(4), 3(6) and 4 to 6, on 5th May 2003; and

(b)regulation 3(5) and (7) –

(i)except for the purposes of any type of case referred to in head (ii), on 5th May 2003; and

(ii)for the purposes of any type of case which is not one in relation to which 3rd March 2003 is the appointed day for the coming into operation of section 9 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000(1), on the day on which that section comes into operation in relation to that type of case.

Amendment of the Social Security (Claims and Payments) Regulations

2.  In regulation 32 of the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987(2) (information to be given when obtaining payment of benefit) for the heading and paragraph (1) there shall be substituted –

Information to be given and changes to be notified

32.(1) Except in the case of a jobseeker’s allowance, every beneficiary and every person by whom, or on whose behalf, sums by way of benefit are receivable shall furnish in such manner and at such times as the Department may determine such information or evidence as it may require for determining whether a decision on the award of benefit should be revised under Article 10 of the 1998 Order or superseded under Article 11 of that Order.

(1A) Every beneficiary and every person by whom, or on whose behalf, sums by way of benefit are receivable shall furnish in such manner and at such times as the Department may determine such information or evidence as it may require in connection with payment of the benefit claimed or awarded.

(1B) Except in the case of a jobseeker’s allowance, every beneficiary and every person by whom, or on whose behalf, sums by way of benefit are receivable shall notify the Department of any change of circumstances which it might reasonably be expected to know might affect –

(a)the continuance of entitlement to benefit; or

(b)the payment of the benefit,

as soon as reasonably practicable after the change occurs by giving notice in writing (unless the Department determines in any particular case to accept notice given otherwise than in writing) of any such change to an appropriate office..

Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations

3.—(1) The Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999(3) shall be amended in accordance with paragraphs (2) to (7).

(2) In regulation 1(2) (interpretation) for the definition of “out of jurisdiction appeal” there shall be substituted the following definition –

“out of jurisdiction appeal” means an appeal brought against a decision which is –

(a)

specified in Schedule 2 to the Order or prescribed in regulation 27; or

(b)

specified in paragraph 6(2) of Schedule 7 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 or prescribed in regulation 16 of the Housing Benefit (Decisions and Appeals) Regulations (Northern Ireland) 2001;.

(3) In regulation 3(9)(a)(4) (revision of decisions) for “was made” there shall be substituted “had effect”.

(4) In regulation 6(2)(5) (supersession of decisions) –

(a)in sub-paragraph (a)(i) for “was made” there shall be substituted “had effect”;

(b)for sub-paragraph (c) there shall be substituted the following sub-paragraph –

(c)is a decision of an appeal tribunal or of a Commissioner –

(i)that was made in ignorance of, or was based on a mistake as to, some material fact, or

(ii)that was made in accordance with Article 26(4)(b), in a case where Article 26(5) applies;; and

(c)the word “or” after sub-paragraphs (f) and (g) shall be omitted.

(5) In regulation 6A(6) (supersession of child support decisions) after paragraph (4) there shall be inserted the following paragraph –

(4A) A decision may be superseded by a decision made by the Department –

(a)where an application is made on the basis that; or

(b)acting on its own initiative where,

the decision to be superseded is a decision of an appeal tribunal or of a Child Support Commissioner that was made in accordance with Article 28ZB(4)(b) of the Child Support Order, in a case where Article 28ZB(5) of that Order applies..

(6) In regulation 7 (date from which a decision superseded under Article 11 takes effect) –

(a)in paragraph (1)(a)(7) for “and (28)” there shall be substituted “, (28) and (29)”;

(b)in paragraph (2) for “was made” there shall be substituted “had effect”;

(c)in paragraph (5)(8) for “regulation 6(2)(c)” there shall be substituted “regulation 6(2)(c)(i)”;

(d)in paragraph (9)(9) for sub-paragraph (a) there shall be substituted the following sub-paragraph –

(a)where the decision is made on the Department’s own initiative –

(i)the date on which it commenced action with a view to supersession; or

(ii)subject to paragraph (29), in a case where the relevant circumstances are that there has been a change in the legislation in relation to attendance allowance or disability living allowance, the date on which that change in the legislation had effect;; and

(e)after paragraph (28)(10) there shall be added the following paragraphs –

(29) Where a decision is superseded in accordance with regulation 6(2)(a)(i) and the relevant circumstances are that there has been a change in the legislation in relation to a relevant benefit, the decision under Article 11 shall take effect from the date on which that change in the legislation had effect.

(30) Where a decision is superseded in accordance with regulation 6(2)(a)(ii) and the relevant circumstances are that –

(a)a personal capability assessment has been carried out in the case of a person to whom section 167C(4) of the Contributions and Benefits Act applies; and

(b)the own occupation test remains applicable to him under section 167B(3) of that Act,

the decision under Article 11 shall take effect on the day immediately following the day on which the own occupation test is no longer applicable to that person.

(31) For the purposes of paragraph (30) –

“own occupation test” has the same meaning as in section 167B(2) of the Contributions and Benefits Act;

“personal capability assessment” has the same meaning as in regulation 24 of the Incapacity for Work Regulations.

(32) A decision to which regulation 6(2)(c)(ii) applies shall take effect from the date on which the appeal tribunal or the Commissioner’s decision would have taken effect had it been decided in accordance with the determination of the Commissioner or the court in the appeal referred to in Article 26(1)(b)..

(7) In regulation 7B(11) (date from which a decision superseded under Article 19 of the Child Support Order takes effect) after paragraph (21) there shall be inserted the following paragraph –

(21A) Where a superseding decision is made in a case to which regulation 6A(4A) applies the decision shall take effect from the first day of the maintenance period following the date on which the appeal tribunal or the Child Support Commissioner’s decision would have taken effect had it been decided in accordance with the determination of the Child Support Commissioner or the court in the appeal referred to in Article 28ZB(1)(b) of the Child Support Order..

Amendment of the Housing Benefit (Decisions and Appeals) Regulations

4.—(1) The Housing Benefit (Decisions and Appeals) Regulations (Northern Ireland) 2001(12) shall be amended in accordance with paragraphs (2) and (3).

(2) In regulation 7(2) (decisions superseding earlier decisions) –

(a)in sub-paragraph (a)(i) after “a change of circumstances” there shall be inserted “since the decision had effect”; and

(b)for sub-paragraph (c) there shall be substituted the following sub-paragraph –

(c)of an appeal tribunal or of a Commissioner –

(i)that was made in ignorance of, or was based upon a mistake as to, some material fact, or

(ii)that was made in accordance with paragraph 17(4)(b) of Schedule 7 to the Act, in a case where paragraph 17(5) of that Schedule applies;.

(3) In regulation 8 (date from which a decision superseding an earlier decision takes effect) after paragraph (8)(13) there shall be added the following paragraphs –

(9) Where the decision is superseded in accordance with regulation 7(2)(a)(i) and the relevant circumstances are that there has been a change in the legislation in relation to housing benefit, the superseding decision shall take effect from the date on which that change in the legislation had effect.

(10) Where a superseding decision is made in a case to which regulation 7(2)(c)(ii) applies the superseding decision shall take effect from the date on which the appeal tribunal or the Commissioner’s decision would have taken effect had it been decided in accordance with the determination of the Commissioner or the court in the appeal referred to in paragraph 17(1)(b) of Schedule 7 to the Act..

Amendment of the Child Support (Maintenance Assessment Procedure) Regulations

5.—(1) The Child Support (Maintenance Assessment Procedure) Regulations (Northern Ireland) 1992(14) shall be amended in accordance with paragraphs (2) and (3).

(2) In regulation 19(15) (supersession of decisions) after paragraph (4) there shall be inserted the following paragraph –

(4A) A decision may be superseded by a decision made by the Department –

(a)where an application is made on the basis that; or

(b)acting on its own initiative where,

the decision to be superseded is a decision of an appeal tribunal or of a Child Support Commissioner that was made in accordance with Article 28ZB(4)(b) of the Order, in a case where Article 28ZB(5) of the Order applies..

(3) In regulation 22(16) (date from which a superseding decision takes effect) after paragraph (19) there shall be added the following paragraph –

(20) Where a superseding decision is made in a case to which regulation 19(4A) applies that decision shall take effect from the first day of the maintenance period following the date on which the appeal tribunal or the Child Support Commissioner’s decision would have taken effect had it been decided in accordance with the determination of the Child Support Commissioner or the court in the appeal referred to in Article 28ZB(1)(b) of the Order..

Revocations

6.  Regulation 6(3) of the Social Security (Miscellaneous Provisions) (Amendment No. 3) Regulations (Northern Ireland) 1992(17), regulation 2(16)(a) of the Social Security (Claims and Payments) (Jobseeker’s Allowance Consequential Amendments) Regulations (Northern Ireland) 1996(18) and regulation 6(5)(e) of the Social Security and Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2000(19) are hereby revoked.

Sealed with the Official Seal of the Department for Social Development on 9th April 2003.

L.S.

Henry Johnston

Senior Officer of the

Department for Social Development

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